Court lacks jurisdiction over alleged violations of IDEA settlement agreement’s confidentiality clause

In granting a school district’s motion for summary determination, the Court held that a student and his parent cannot seek relief from this tribunal for an alleged violation of a prior settlement agreement in a case brought under the Individuals with Disabilities Education Act (IDEA).  This Court has no jurisdiction to enforce an agreement provision of this type.  While unpublished cases from the Eleventh Circuit Court of Appeals suggest that students and parents must exhaust administrative remedies first when seeking to enforce IDEA settlement agreements, those same cases involved breaches that related to the provision of a free appropriate public education (FAPE).  Here, the alleged breach did not primarily involve FAPE.